How to file a civil claim in the WA Magistrates Court
In Western Australia, you start a civil claim in the Magistrates Court by filing a Claim under the Magistrates Court (Civil Proceedings) Act 2004 (WA). The court hears general claims up to $75,000. Filing is done at any Magistrates Court registry or electronically where available, and the process is governed by the Magistrates Court (Civil Proceedings) Rules 2005 (WA).
The framework
Civil proceedings in the WA Magistrates Court are governed by the Magistrates Court (Civil Proceedings) Act 2004 (WA) and the Magistrates Court (Civil Proceedings) Rules 2005 (WA). Minor cases under $10,000 may be referred to the Minor Case procedure.
The process
Confirm jurisdiction and claim value
The Magistrates Court of WA hears civil claims up to $75,000. Claims above that threshold must be filed in the District Court of WA. Claims under $10,000 may be dealt with under the Minor Case procedure with simplified rules.
Send a letter of demand
Before filing, send a clear written demand to the other party setting out the amount claimed, the basis, and a reasonable timeframe for payment. This shows the court you attempted resolution.
Prepare the Claim
Draft the Claim using the prescribed form under the Magistrates Court (Civil Proceedings) Rules 2005. Include the material facts, cause of action, amount claimed, and any interest calculation.
File the Claim at the registry
File the Claim at any Magistrates Court registry in WA or electronically where available. Pay the prescribed filing fee, which varies based on the claim amount.
Serve the Claim on the defendant
Serve the sealed Claim on the defendant personally or by an alternative method permitted under the Rules. Service must be effected within 12 months of filing unless extended.
Defendant files a response
The defendant has 28 days after service to file a Response. If no response is filed, you may apply for default judgment under section 16 of the Act.
Pre-trial conference
If defended, the registrar lists the matter for a pre-trial conference under Part 4 of the Act. Both parties must attend and attempt to narrow or settle the issues.
Mediation or settlement
The court may refer the matter to mediation under section 38 of the Act. Parties are expected to participate genuinely. Many claims resolve at this stage.
Trial before a magistrate
If unresolved, the matter proceeds to trial. Evidence is given orally or by written statement as directed. The magistrate decides the claim on the balance of probabilities.
Enforce the judgment
If successful, enforce the judgment through a warrant of execution, examination of the debtor, or an instalment order under Part 6 of the Act. Judgments are enforceable for 12 years in WA.
Common mistakes
- Filing in WA when the defendant is in another state and there is no WA connection
- Not sending a letter of demand before commencing proceedings
- Missing the 12-month service deadline
- Not attending the pre-trial conference
- Failing to enforce the judgment within the 12-year limitation period
Get this process right with Quillio
Quillio can help draft the Claim, calculate interest, and prepare pre-trial conference documents compliant with the Magistrates Court (Civil Proceedings) Rules 2005 (WA). See /practice-areas/civil-litigation or start a free trial.
This guide is general information, not legal advice. Civil litigation carries cost risk. Obtain advice from a Western Australian civil litigation lawyer before commencing proceedings.
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